Legal Opinion
Peretto v. Department of Motor Vehicles
California Court of Appeal
Decided October 21, 1991No. A052735PublishedCited by 16 opinions
1Opinion of the Court
Opinion
STRANKMAN, J.
* —Vehicle Code section 13353.2 directs the Department of Motor Vehicles (the DMV) to suspend the driver’s privilege of a person who was “driving or was in actual physical control of a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood.” Section 13558 entitles a driver to request what is in effect a presuspension administrative hearing; sections 13353.3 and 13353.6 govern the duration of any suspension and differentiate between a narrow group of holders of commercial driver’s licenses arrested while driving noncommercial…
2Cases cited15 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bell v. BursonSupreme Court of the United States · 1971
- United States v. WardSupreme Court of the United States · 1980
- MacKey v. MontrymSupreme Court of the United States · 1979
- D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gikas v. ZolinCalifornia Supreme Court · 1993
- Central Delta Water Agency v. State Water Resources Control BoardCalifornia Court of Appeal · 1993
- McKinney v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
- Berry v. HanniganCalifornia Court of Appeal · 1992
- Bradshaw v. ParkCalifornia Court of Appeal · 1994
11 more not listed; retrieve them via the Exa API.